FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
JIM HORNE
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
LINDA J. EADS, ED.D.
CHARLES PATRICK GARCÍA
JULIA L. JOHNSON
WILLIAM L. PROCTOR, PH.D.
LINDA K. TAYLOR
Contact Persons
Name: Lezlie Cline
Email:
Lezlie.Cline@fldoe.org
Phone: 850/245-0478
Name: Karen Denbroeder
Email:
Karen.Denbroeder@fldoe.org
Phone: 850/245-0475
DPS: 04-085
MEMORANDUM
TO:
District School Superintendents
FROM:
Jim Warford
DATE
: February 18, 2004
SUBJECT:
Alternate Assessment for Students with Significant Cognitive Disabilities
– “
1% Rule”
The purpose of this memorandum is to provide you with information regarding the requirements for
students with disabilities to participate in the statewide assessment program and on the U. S. Department
of Education’s final regulations, pursuant to the No Child Left Behind Act of 2001, which address the use
of alternate achievement standards and alternate assessments for students with significant cognitive
disabilities.
The federal regulations promulgated to implement the “1 percent rule” were published in the December 9,
2003, Federal Register and were effective January 8, 2004. Regulation 34 CFR 200.6(a)(2)(iii)(A)(1)-(B)
directs states to:
“(A)(1) Establish and ensure implementation of clear and appropriate guidelines for
Individualized Educational Plan (IEP) teams to apply in determining when a child’s significant
cognitive disability justifies assessment based on alternate academic achievement standards; and
JIM WARFORD
K – 12 Chancellor
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
District School Superintendents
February 18, 2004
Page Two
(2) Ensure that parents of those students are informed that their child’s achievement will be based
on alternate achievement standards; and
(B) Report separately… the number and percentage of students with disabilities taking-
(1)
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Alternate assessments based on the alternate academic achievement standards defined under
s. 200.1(d).”
Students with the most significant cognitive disabilities, to whom the final regulations apply, are
considered to include a small number of students whose cognitive impairments may prevent them from
attaining grade-level achievement standards, even with the very best instruction. This population of
students generally represents approximately 9% of students with disabilities in the grades assessed
(Federal Register, Vol. 68, No. 236, December 9, 2003).
Rule 6A-1.0943, Florida Administrative Code (FAC),
Statewide Assessment for Students with
Disabilities
, already establishes the requirements and process for determining whether a student with
disabilities should participate in an alternate assessment. Specifically, Rule 6A-1.0943(1)(a)1-2, FAC,
states:
“(a) The decision to exclude any student with a disability, as defined in Section 228.041(18),
Florida Statutes [Section 1003.01(3)(a), Florida Statutes] from statewide [the Florida
Comprehensive Assessment Test] or district assessment programs is made by the Individual
Educational Plan (IEP) team and recorded on the IEP. Students may be excluded from statewide
or district assessment programs if the following criteria are met:
1.
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The student’s cognitive ability prevents the student from completing required coursework and
achieving the Sunshine State Standards…even with appropriate and allowable course
modifications, and
2.
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The student requires extensive direct instruction to accomplish the application and transfer of
skills and competencies needed for domestic, community living, leisure, and vocational
activities.”
To determine whether a student should not participate in the FCAT but participate in an alternate
assessment, the IEP team should address the following questions:
1.
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Is the student unable to master the Sunshine State Standards, even with appropriate and allowable
course accommodations?
2.
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Is the student’s demonstrated cognitive ability the primary reason for the inability to master these
standards?
3.
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Is the student participating in a modified or functional curriculum based upon competencies in the
Sunshine State Standards for Special Diploma for all academic areas?
4.
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Does the student require extensive direct instruction in functional academics and vocational
competencies as well as domestic, community living, and leisure activities?
5.
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Does the student have deficits in adaptive behavior, as demonstrated by the inability to function
effectively and independently in everyday living skills (interpersonal and social interactions) across a
variety of settings?
District School Superintendents
February 18, 2004
Page Three
If the IEP team cannot answer “yes” to all of the questions, the student should participate in the FCAT,
with allowable accommodations, as appropriate. To assist you in making such a determination, enclosed
is a checklist IEP teams can use to document their decision.
Federal regulation 34 CFR 200.12(c)(1)(ii) states:
“(c)(1) In calculating adequate yearly progress for schools, LEAs, and the State, a State-
(ii) May include the proficient and advanced scores of students with the most significant
cognitive disabilities based on alternate achievement standards…[alternate assessment] provided
that the number of those students who score at the proficient or advanced level on those alternate
achievement standards at the LEA and State levels, separately, does not exceed 1.0 percent of all
students in the grades assessed in reading/language arts and in mathematics.”
Federal regulation 34 CFR 200.13(c)(3) prescribes the limited conditions under which a state may grant
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an LEA a waiver from the one percent cap (e.g., a larger number of students with significant cognitive
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disabilities are provided services by a district, etc.).
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To provide you with additional information, enclosed is a chart that summarizes by district the
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participation and proficiency rates for students with disabilities who were assessed on alternate standards
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in 2003.
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To summarize the above:
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§
All students with disabilities must be assessed either through the FCAT or an alternate assessment.
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§
It is expected that the majority of students with disabilities participate in the FCAT.
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§
IEP teams must continue to make the appropriate determination of whether a student with disabilities
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should participate in the FCAT or an alternate assessment based on the requirements already defined
in Rule 6A-1.0943, FAC. It is inappropriate for schools or IEP teams to make decisions regarding a
student’s participation in the FCAT for any reason related to the school’s grade or determination of
AYP.
§
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In some districts, the percent of students with disabilities who are proficient on alternate standards
may exceed 1 percent of the total assessed population due to the large numbers of students with
significant cognitive disabilities served by the district. In such cases, the district may apply to the
state for a waiver.
We appreciate your support and continued efforts in providing services to students with disabilities.
Enclosures
cc:
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Principals
Exceptional Student Education Directors
ESE Alternate Assessment Coordinators
District Assessment Coordinators
District Accountability Contacts
